Court Filing
Electronically Filed 2/21/2025 4:03 PM Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Sara Wright, Deputy Clerk LATAH COUNTY PROSECUTOR'S OFFICE WILLIAM W. THOMPSON, JR., ISB No. 2613 PROSECUTING ATTORNEY ASHLEY S. JENNINGS, ISB No. 8491 SENIOR DEPUTY PROSECUTOR Latah County Courthouse 522 S. Adams Street, Ste. 211 Moscow, ID 83843 Phone: (208) 883-2246 paservice@latahcountyid.gov IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA STATE OF IDAHO, Case No. CR01-24-31665 Plaintiff, STATE'S MOTION IN LIMINE V. RE: NEUROPSYCHOLOGICAL AND PSYCHIATRIC EVIDENCE BRYAN C. KOHBERGER, Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully moves the Court for an order in limine prohibiting Defendant from offering testimony regarding neuropsychological evaluation and psychiatric evaluation of the Defendant as summarized in the Defendant's January 23, 2025, “ Supplemental Response to Request for Discovery Regarding Expert Witnesses. ” Specifically, the State objects to the proposed testimony of expert witnesses identified in Defendant's Exhibits D-7 and D-13 appended to Defendant's “ Supplemental Response to Request for Discovery Regarding Expert Witnesses. " In support of this motion, the State respectfully refers the Court to Idaho Code §18-207 STATE'S MOTION IN LIMINE RE: NEUROPSYCHOLOGICAL AND PSYCHIATRIC EVIDENCE 1 which provides that “ mental condition shall not be a defense to any charge of criminal conduct ” except “ expert evidence on the issues of any state of mind which is an element of the offense... ” Idaho Code 18-207 (1) and (3). In each of the witness summaries (Defendant's Exhibit D-7 and D-13) the Defendant specifically states the “ testimony is not intended to be a mental element defense pursuant to Idaho Code §18-207; but rather this testimony (is) about state of mind as well as factual defense testimony to anticipated testimony elicited by the State. ” As such, this proposed testimony falls outside of the mental condition evidence allowable under Idaho Code §18-207 (3). RESPECTFULLY SUBMITTED this 21st day of February 2025. 2224 William W. Thompson, Jr. Prosecuting Attorney STATE'S MOTION IN LIMINE RE: NEUROPSYCHOLOGICAL AND PSYCHIATRIC EVIDENCE 2 CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the STATE'S MOTION IN LIMINE RE: NEUROPSYCHOLOGICAL AND PSYCHIATRIC EVIDENCE were served on the following in the manner indicated below: Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 2347 Faxed Coeur D Alene, ID 83816 Hand Delivered Dated this 21st day of February 2025. STATE'S MOTION IN LIMINE RE: NEUROPSYCHOLOGICAL AND PSYCHIATRIC EVIDENCE 3